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JOHN J. COLSHER v. TOWNSHIP RIDLEY (09/05/86)

decided: September 5, 1986.

JOHN J. COLSHER, APPELLANT
v.
TOWNSHIP OF RIDLEY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County, in case of Township of Ridley v. John J. Colsher, Summary Appeal Nos. 116 and 117 of 1984.

COUNSEL

Herbert Pressman, Pressman & Pressman, for appellant.

Peter J. Rohana, Jr., with him, F. Kirk Adams, for appellee.

Judges Craig and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 100 Pa. Commw. Page 308]

Appellant, John Colsher, appeals from an order of the Court of Common Pleas of Delaware County which

[ 100 Pa. Commw. Page 309]

    denied his motions for a new trial and/or arrest of judgment. We reverse.

Appellant was charged with violating Ridley Township Ordinance No. 1533, for having two large commercial vehicles parked on his property in excess of two hours. Ordinance 1533 prohibits parking commercial vehicles on private property. Appellant was found guilty of the charges by a district justice. Following a trial de novo, the trial court upheld the conviction. Appellant filed motions for a new trial and arrest of judgment, which were denied.

Appellant contends that the evidence was insufficient to support his conviction. Additionally, appellant challenges the constitutionality of Ordinance 1533.

Section 1 of Ordinance 1533 provides:

The term commercial vehicle, as used in this Ordinance, shall include trucks, tractors, trailers or tractor-trailer combinations or any other vehicle usable for commercial purposes having the weight classification of Class 6 or higher as determined by its registered gross weight or combination weight in pounds as set forth in the Pennsylvania Motor Vehicle Code of 1976, as Amended, 75 P.S. Sec. 1916. Commercial vehicles shall not include leisure or recreational vehicles.

The term parking as used in this Ordinance shall be defined as the leaving of such commercial vehicle unattended for a ...


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